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(영문) 인천지방법원 2020.01.22 2019고단8385

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] The defendant violated the prohibition of drinking driving by being sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on July 14, 2009.

【Criminal Facts】

On November 2, 2019, at around 04:22, the Defendant driven a B Sti-type car under the influence of alcohol with approximately 5 km section from the front of the French-dong, Incheon Metropolitan City B, to the front of the 698-5 Male-gu, Nam-dong, Incheon, Nam-gu, Seoul, with a blood alcohol concentration of at least 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, previous records of driving under influence only once, and about ten years prior to the date of voluntary mitigation);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;